Louisiana Drunk Driving Laws
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State law specifies four actions that can lead to a Louisiana driver’s arrest for DWI: driving with a blood alcohol content (BAC) of 0.08% or higher, violating the state’s “Zero Tolerance Law,” operating a commercial vehicle with a BAC of 0.04% or more, and refusing a chemical test. Regardless of which you are charged with, each offense carries penalties such as a mandatory fine, license suspension, and possible jail sentence—even if it’s your first conviction. Repeat offenders (anyone with one or more DWI convictions on their record) face even harsher punishment.
Alcohol affects every person differently, often impacting one person far more than another. As a result, BAC has become the standard method used to determine an individual’s level of impairment. Also known as blood-to-alcohol ratio, BAC reflects the percentage of alcohol found in a person’s bloodstream. According to research, once this percentage reaches 0.08%, your ability to drive becomes substantially impaired. For this reason, DWI is legally defined as driving with a blood alcohol content 0.08% or higher—which means operating a vehicle with a BAC above this limit is enough to warrant your arrest, regardless of your ability to drive.
You must be 21 to purchase alcohol in the United States. Therefore, the 0.08% BAC limit only applies to drivers who have reached the legal drinking age. Since underage drivers are not allowed to use alcohol, these individuals are expected to refrain from its use altogether. Consequently, Louisiana’s “Zero Tolerance Law” imposes a 0.02% limit on drivers under 21—which means that if an underage driver has even a small amount of alcohol in his or her system, he or she can be arrested and charged with DWI.
If you have a commercial driver’s license, you are also exempt from the 0.08% BAC limit. Under state law, any person who operates a commercial vehicle (such as a bus, tow truck, or tractor trailer) is considered impaired once his or her BAC reaches 0.04%.
Finally, regardless of your age or the type of vehicle you drive, all Louisiana drivers are expected to comply with the state’s “Implied Consent Law,” a statute that requires you to submit to chemical testing if an officer suspects you are driving with an illegal BAC. If you refuse to perform any type of chemical test—be it a breathalyzer, blood, or urine test—you will be arrested for DWI and automatically lose your driver’s license for 180 days or more.
If you were recently arrested for any type of DWI in Louisiana, you may need to obtain legal representation to avoid the life-altering consequences of a drunk driving conviction. To discuss ways to challenge your arrest and improve your chances of obtaining a successful outcome in court, submit your information online today for a free, no-obligation consultation with a skilled DUI defense attorney in your area.
